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Introduction and Historical Settings

This document provides an introduction and overview of criminology, including: 1) Definitions of criminology as the multidisciplinary study of crime, criminals, and causes of crime. It covers sociological, psychological, and psychiatric approaches. 2) Key areas of criminology like criminal behavior, sociology of law, and penology. 3) A brief history of criminology from pre-classical thinkers to modern positive criminology. 4) Definitions of core concepts like crime, criminal, and classifications of crimes and criminals.

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Vilma Duarte
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0% found this document useful (0 votes)
70 views

Introduction and Historical Settings

This document provides an introduction and overview of criminology, including: 1) Definitions of criminology as the multidisciplinary study of crime, criminals, and causes of crime. It covers sociological, psychological, and psychiatric approaches. 2) Key areas of criminology like criminal behavior, sociology of law, and penology. 3) A brief history of criminology from pre-classical thinkers to modern positive criminology. 4) Definitions of core concepts like crime, criminal, and classifications of crimes and criminals.

Uploaded by

Vilma Duarte
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTRODUCTION AND HISTORICAL SETTINGS

A. Criminology Defined:

1. A body of knowledge concerning crime and delinquencies as a social problem.


2. An approach to understand crimes, criminals, causes of crimes, and their treatment and prevention.
3. A multidisciplinary study of crimes. It involves in its scope psychology, sociology, anthropology, biology, neurology,
political science and economics. Nevertheless, sociology, psychology, and psychiatry dominated in the study.

a. Sociological Criminology
The study of crime as an effect of the societal condition and actions of people. This approach is focused on the
socioeconomic status, interpersonal relationships, race and cultures in relation to environmental faction that are
conducive in the commission of crimes.

b. Psychological Criminology
An approach to study crimes and criminal behavior centered on the mental processes and individual criminal
behavior of a criminal.

c. Psychiatric Criminology
The attempt to study crimes and criminal behavior focused on the individual motives and other driving factors that
relies mainly on the individual.

B. Divisions/Areas of Criminology
1. Criminal Behavior/Criminal Etiology – the scientific analysis of the causes of crimes.
2. Sociology of Law – the study of law and its applications
3. Penology/Correction – the study that deals with the application of penalty and punishment; their effect to individual criminal
and an attempt understand necessary treatment based on the crime committed.

C. Importance of Studying Criminology


1. A source of philosophy of life.
2. A background for a profession.
3. A guide towards crime control and prevention, and criminal reformation.
4. Because crime is a social problem, it is therefore an everyone’s concern.

D. Purpose of Studying Criminology


1. For crime prevention, control and rehabilitation of criminal offenders.
2. To understand crimes and criminals; their causations and factors affecting criminal behavior.
3. A preparation towards law enforcement and forensic crime detection.
4. To be equipped with law and other constitutional guarantees for the observation of due process and administration of justice.
5. To develop a higher standard of citizenry and leadership.

D. Nature of Criminology
1. Applied Science – science is an indispensable tool in analyzing crimes and criminal offenders.
2. A Social Science – understanding crimes as a social problem plays greatest part towards peace and order and economic
stabilization.
3. Dynamic – criminology is flexible, hence, it must be understood in concordance with the environmental and societal changes.
Crimes and criminal behavior changes as our technology changes.
4. Nationalistic – understanding crime and delinquencies must be in relation to existing laws and within the territorial limit.

E. Crime, Defined

1. Is an act of omission or commission in violation of law.


2. Any anti-social conduct which are injurious to human or property; a deviating conduct from public norm and common
observance.
3. Psychologically, crime is an act which is undesirable due behavioural maladjustment or caused by maladaptive or abnormal
behaviour.
4. Crime is a generic term comprising felony, offense, misdemeanour or delinquency.
a. Felony- an act of violation defined/prescribed under the revised Penal Code
b. Offense – an act of violation defined/prescribed under Special Laws.
c. Delinquency/Misdemeanour – acts that are in violation of simple rules and regulation

E.1. Criminological Classification of Crimes

1. Acquisitive Crime – an act which when committed, the doer acquires something as a consequence of his act.
2. Extinctive Crime – when the result of the act don is purely destruction.
3. Seasonal Crimes – are those which are committed only at a certain period of time.
4. Situational Crimes – crimes committed due to the convenience of time or opportunity.
5. Episodic Crime – these are serial crimes, committed by series of act within a lengthy period of time.
6. Instant Crimes – acts committed within the shortest possible time. Usually committed as result of immediate change of mind
of the perpetrators.
7. Static Crimes – these are crimes committed at a certain place.
8. Continuing Crimes – crimes which are committed at a several places.
9. Rational Crimes – crimes committed with interest; the offender is in full control of his mental faculties in performing his act.
10. Irrational Crimes – crimes committed without intent; the act was a result of unwillingness or lack of full control on the part of
the offender.
11. White Collar Crimes – crimes committed by person with responsibility and of upper socio-economic class in the course of
their occupational activities.
12. Blue Collar Crimes – crimes that are committed by ordinary professionals in order to maintain their source of living.
13. Upper World Crimes – crimes committed by individual in the upper class of society.
14. Underworlds Crimes – crimes committed by individual in the lower class or under privileged class in the society.
15. Crimes by imitation – crimes that are committed by reason of imitation, acts done as a duplication of what has been done by
others.
16. Crimes by Passion - crimes committed due to passion, motivated by deep emotion.
17. Service Crimes – an act of service to satisfy the desire of another.

Note: Other Classification of Crimes are defined and penalized under the Revised Penal Code (RPC)

F. The Criminal

1. A person who committed a crime and has been convicted by a court of justice for a violation of criminal law.
2. A person who violated a social norm or one who did an anti-social act.
3. A person who violated rules of conduct due to behavioural maladjustment.

F.1 Criminological Classification of Crime

1. Based on Etiology
a. Acute Criminal – one who commits crime due to impulse or fit of passion
b. Chronic Criminal – one who commits crime in effect of his deliberate thinking.

2. Based on Behavioural System


a. Ordinary Criminal – one who commits crime due to impulse of great opportunity. Committing crime is not a way of his
living.
b. Organized Criminal – one who associates himself with other criminals to have a higher level of association to earn more
profits at an easy manner without being detected easily by authorities.
c. Professional Criminals – one who commits crime with a higher level of skill and ability. One who commits crime as a
manner to sustain a living.

3. Based on Activities
a. Professional Criminals – one who practice crime as a profession. Criminal activity is constant in order to earn more
profits and develop higher degree of skill and ability.
b. Accidental Criminal – one who commits crime due to favourable condition for its commission.
c. Habitual Criminal – are those who continually commit crime due to intelligence deficiency and lack of self-control

4. Based on Mental Attitudes


a. Active criminals – one who commits crime due to aggressiveness
b. Passive Inadequate Criminals – one who commits crime due to reward or promise.
c. Socialized Delinquents – one who commits crime due to defect in their socialization process or development

5. Based on Legal Classification


a. Habitual Delinquent – a person who, within the period of ten years from the date of his release or last conviction of the
crimes of Serious or Less Serious Physical Injury, Robbery, Estafa, or Falsification, is found guilty of any of the said
crimes or a third time offender.
b. Recidivist – one, who is at the time of his trial for one crime, shall have been previously convicted by final judgement of
another crime within the same title of the Revise Penal Code.

G. Criminology in the History

1. Pre-Classical Period
a. Aristotle (384-322 BC) – advocates that poverty causes rebellion and crime
b. Quinny (1970) – states that crime is the result of an adverse natural human needs, deadly sins and the corrupting
influence and motivation of satan and other demons.

2. The Classical Beginning


a. Cesare Beccaria (1973-1994) – argued that the law must be apllied equally to all and that punishment and penalty must
commensurate with the crime committed.
b. Jeramy Bentham (1748-1832) – people are rational beings who exercise free will to choose and to do whatever they
deemed best.

3. The Neo-Classical Period


During this period, punishments and penalties must be viewed based on the crime committed and not on the person
committed the crime. People with mental abnormalities and lack of understanding the consequences of their action
should be taken into consideration or exception in difference with those who are mentally capable of doing crimes and
well knowledgeable to the consequence of their actions.

4. Positive Determinism
a. Cesare Lombroso (1836-1909) – advocates that criminal behaviour correlates with physical features or specific bodily
characteristics, particularly cranial, skeletal, and neurological malformations. He also advocates criminal tendency can
be biologically inherited and as an adverse effect of the environment.

5. The Cartographical Thought


a. Lambert Adolphe Quetelet (1796-1874) – believed that criminal tendencies is an adverse effect of the geographical
location.

6. The Socialist Criminology


a. Emile Durkheim (1858-1917) – believed that criminal behaviour is a normal part of the society. Criminal deviancy is
considered as a consequence of having freedom.
b. Sociological Approach – an attempt to study social behaviour, systems and structure towards understanding criminology.

 Social Structure Approach – examines the way in which social situations and structures influences criminal behaviour.

 Ecological School of Criminology



developed during in the 1920s and 1930s at the University of Chicago

it explains crime in relation to social and environmental changes.
 Conflict School of Criminology
 It is based on the Marxist Theory that considers crime as the result of conflict between different classes under the
system of capitalism.
 Believed that laws were created out of conflict rather than consensus, and made by the people in power to control
people who are not in power.
 Propose that criminal people depends on how the society reacts on the existing public norms.

 Critical Criminology
 Relies on economic explanations of behaviour and argues that economic and social inequalities cause criminal
behaviour.
 Believed that laws have an inherent bias in favour of the upper class in the society and argues that corporate,
political and environmental crime are inadequately unaddressed in the Criminal justice system.

 Feminist Criminology
 Emphasizes the subordinate and inferior position of woman in the society
 Advocates that the criminal behavior of woman is related to their objectification as commodities in the sex
industry.

 Social Process Criminology


An attempt to explain how people become criminals. This recognizes the fact that not all people who are exposed to
the same social structure conditions become criminals. It focuses on criminal behavior as a learned behavior.

 Edwin Sutherland (1883-1950)


 Advocated the Differential Association theory explaining that criminal behavior is learned in interaction with
others.
 Presupposes that when person become criminal, they do so because of isolation from anti-criminal patterns.

 Control theory
 An attempt to explain approaches to train people to engage in law-abiding behavior.
 Crime is the result of insufficient attachments and commitment to others.
 It views that humans require nurturing in order to develop attachments to people and that personal interactions
produces internal controls such as conscience and guilt and external control such as shame.

 Walter C. Reckless
 Advocated the Containment Theory explaining that both internal psychological and external social containment
prevents people from deviating social norms and standards.

 Travis Hirschi
 Stresses on the importance of individual bonding in the society in determining confirming behavior.
 Young people who are not attached to their parents or to school are more likely to be delinquent

 Political Criminology
 This involves the study of the forces that determine how, why, and with what factors societies chose to address
criminals and crime in general.
 Proponents are focused on the causes of crime, the nature of crime, the social and political meanings that attached
to the crime, and crime-control policies, including the study of the bases upon which crime and punishments is
committed and the choices made by the principals in criminal justice.

7. The Criminology Education in the Philippines


Study of Criminology can be traced back along with the development of the Criminal Code. Way back as early as June
11, 1956, the Philippine College of Criminology (formerly Plaridel College) had already a four-year courses leading to the Degree
of Bachelor of Science in Criminology. Among others are Political Science and Criminalistics in Ballistics, Polygraphy and
Criminal Interrogation; Law; Corrections; Police Ethics; and Probation. With this, it was as the known as the pioneer school of
Criminology in the Philippines.

With the passage of R.A. 6506, an Act creating the Board of Examiners for Criminologist in the Philippines, many
schools and motivated to offer Bachelor of Science in Criminology, initially under the field of Arts and Sciences. Nowadays, the
Commission on Higher Education (CHED) is in control with the program under the Criminal Justice Education as governed by
CMO 21, series 2005.

APPROACHES TO CRIMES AND DELINQUENCIES

A. SUBJECTIVE APPROACH

1. Anthropological Approach – an attempt to study criminal behavior based on the physical differences of a criminal
offender from a nan-criminal offender.
2. Medical Approach – an approach to understand criminal thru individual examination on one’s mental and physical
condition prior and after the commission of the crime.
3. Biological Approach -an approach to integrate criminal tendencies on genetics. It is believed by this approach that
criminal behavior is inherited.
4. Physiological Approach – this believes that deprivation of one’s physical needs will result to criminal. One has the
possibility to commit crime in order to meet his basic needs tendencies.
5. Psychological Approach – presupposes that criminal tendencies arises from one’s abnormal behavior/personality.
Deprivation of psychological needs will result into crime.
6. Psychiatric Approach – an approach to understand criminal tendencies based on one’s mental processes; an attempt to
explain crime as the result of mental diseases.
7. Psychoanalytical Approach – explains criminal tendencies as an adverse effect of maladjustments of ones’ the
personality development.

B. Objective Approach

1. Geographic Approach – explains that natural resources, geographical location and climate are contributory to criminal
tendencies.
2. Ecological Approach - believes that crime is the result of biotic grouping of men resulting to migration, competition,
social discrimination and conflict, and sub-culturing.
3. Economic Approach – presupposes that financial security, inadequacy and deprivation of other necessities for living
will result to crime.
4. Socio-cultural Approaches – an approach to explain criminalities as a result of institutionalization, economic status,
education, politics and religion.

C. Contemporary Approaches
This is an attempt to explain crimes and delinquencies that gives emphasis on the use and application of scientific
principles and concepts. Applies the modern approach to criminal tendencies base on science.

THEORIES OF CRIME

A. THE EARLY BEGINNING

1. Demonological Theory – This maintains that criminal behavior is the result of being controlled by evil spirits.
Offenders are being subjected to an ordeal (brutal and unnatural or inhumane manner of establishing one’s innocence or
guilt). If one survived, it is believed that he was spared by gods, otherwise, cursed by gods.

B. PRE 20th CENTURY

1. Cesare Becarria –promoted “Freewill”; a principle believing that people are governed/subdued by freedom to choose
whatever he wanted to do, whether it be good or evil: thus, stress is focused on the person committed the crime and that
he must be responsible for all the consequence of his acts.

2. Jeremy Bentham – advocated the “”Hedonism Principle” which explains that people prefer to choose things that gives
pleasure and doing thing to avoid pains.

Utilitarian Hedonism – concept believing that that a person acts in such a way to seek pleasure and avoid pain. This
principle has been the belief of the Classical Theory established by Becarria and Bentham.

3. The Neo-Classical Theory – this maintains that the principles underlying classical theory must be modified in certain
details:
a. Children and lunatics should not be regarded as criminal and free from punishments, and
b. Mitigating circumstances must be considered in the imposition of punishments

4. Cesare Lombroso – considered as the “Father of Modern Criminology” by developing a scientific approach to study
criminal behavior and to reform the criminal law.

Classification of Criminals
a. Born Criminals – criminal behavior is inherited
b. Criminal by Passion – criminal who are easily driven by great emotions
c. Insane Criminals – criminal who commits crime due to abnormalities or psychological disorders.
d. Criminoloid – criminals who have less physical stamina or self-control.

Positive Theory – established by Ceasare Lombroso and his students Enrico Ferri and Rafaele Garofalo. This maintains
that crime as any other act is a natural phenomenon and is comparable to disaster or calamity. That crime cannot be
treated by imposition of punishments, but rather rehabilitation or enforcement of individual measures.

5. Enrico Ferri – believes on the importance of social, economic and politics as determinants or factors in the commission
of a crime.

6. Rafaele Garofalo – promotes the “moral anomalies belief” that relies on the crime as a result of immoralities or
psychological abnormalities.

Classification of Criminal
a. Murderers – those who are satisfied from vengeance or revenge
b. Violent Criminals – those who commits very serious crimes
c. Deficient Criminals – those who commits crimes against property
d. Lascivious Criminals – those who commits crime against chastity

C. EARLY 20th CENTURY

1. David Emile Durkheim – he advocated the “Anomie Theory” which holds that the absence of public norms allows a
conducive opportunity to crimes and other anti-social conducts.
a. Crime is a natural thing in the society.
b. The concept of wrong is necessary to give meaning to what is right.
c. Crime allows the society to change.

2. Sigmund Freud – proponent of the “Psychoanalytical Theory” which maintains that:


a. Criminal behaviour is a form of neurosis.
b. Crime is the result of the compulsive need for punishment to alleviate guilt and anxiety.
c. Criminal behaviour is a means of obtaining gratification of need.
d. Criminality is essentially a representation of psychological conflict.

3. Robert Ezra Park – an advocate of the “Human Ecology Theory” which is the study of the interrelationship of people
and their environment. This theory holds that crime is an essential part of the environmental change.

D. MIDDLE 20th CENTURY

1. Ernest Kretschmer – pioneered the idea of “Somatotyping” distinguishing tree principal types of body physique:
a. Asthenic – lean, slightly built, narrow shoulders
b. Athletic – medium tall, strong, muscular, course bones.
c. Pyknic – medium height, rounded figure, massive neck, broad face.

2. William Sheldon – an advocate of the “Somatotyping Theory” which maintains that inheritants is the primary
determinants of criminal behavior and the physique is a reliable indicator of personality.

a. Endomorphs – Persons with typically relaxed and comfortable disposition.


 Body Features
 Soft body
 Underdeveloped muscles
 Round shape
 Over-developed digestive system
 Associated Personality Traits
 Love of food
 Tolerant
 Evenness of emotions
 Love of comforts
 Sociable
 Good humored
 Relaxed
 Need for affection
 Associated Criminal Behavior
 Prone to crimes involving deceit and fraud

b. Mesomorphs – They are the people who are routinely active and aggressive, and they are the most likely to commit
crimes.

 Body Features
 Hard, muscular body
 Overly mature appearance
 Rectangular shape
 Thick skin
 Upright posture

 Associated Personality Traits


 Adventurous
 Desire for power and dominance
 Courageous
 Indifference to what others think or want
 Assertive, bold
 Zest for physical activity
 Competitive
 Love of risk and chance

 Associated Criminal Behavior


 Routinely active and prone to violent crimes
 Prone to sexual assault

c. Ectomorphs – People who tend to look to be more fatigue and withdrawn.

 Body Features
 Thin and flat chest
 Delicate build, young appearance
 Tall but lightly muscled
 Stoop-shouldered
 Large brain

 Associated Personality Traits


 Self-conscious and preference for privacy
 Introvert and inhabited
 Socially anxious
 Artistic and mentally intense
 Emotionally restrained

 Associated Criminal Behavior


 Prone to crimes against property

3. Edwin Sutherland – determined the “Differential Association Theory” stating that the society consist of a group of
people having criminalistics tradition and anti-criminalistics tradition, and that criminal behaviour is learned and not
inherited.

a. Crime is learned by verbal and non-verbal communication with others.


b. Families and friends have the most influence on the learning process.
c. The learning process includes the techniques of committing the crime and the specific direction of motives, drives
and attitude.
d. Not everyone in the society agrees that the laws should be obeyed, some consider them unimportant.
e. A person becomes delinquent because of an excess definition favorable to the violation of laws.
f. Differential association vary in frequency, duration, priority and intensity.
g. The process of learning criminal behavior by association with criminal and anti-criminal patterns involved all the
mechanism that are in any other learning.

4. Walter Reckless – established the “Containment Theory” which is a form of control, which suggests that a series of both
internal and external factors contributes to criminal behavior.

a. Outer Structure – external pressures such as poverty, unemployment and blocked opportunities.
b. Inner Structure – refers to the person’s self-control ensured by strong ego, good self-image, well-developed
conscience, high frustration tolerance and high sense of responsibility.

5. Karl Marx, Frederick Engel, Willem Bonger – proponents of the “Social Class Conflict and Capitalism Theory”

a. Marx and Engel – claimed that the ruling in a capitalist society is responsible for the creation of criminal law and
their ideological bases in the interpretation and enforcement of the laws.
b. Bonger – believes that profit-motive of capitalism generates an egoistic personality, hence crime is an inevitable
outcome.

E. LATE 20th CENTURY

1. Robert King Merton – promoted the “Strain Theory” which maintains that the failure of man to achieve a higher status of
life caused them to commit crimes in order for that status/goal to be attained.
2. Albert Cohem – advocated the “Sub-culture Theory” which believes that criminal behavior/tendencies arises from
development of another culture due to integration of people. Cohem called the sub-culturing as a process of formation.
3. Gresham Sykes – advocated the “Neutralization Theory” maintaining that an individual will obey societal rules
depending upon his ability to rationalize whether he is protected from hurt or destruction.
4. Lloyd Ohlin – Advocated the “Differential Opportunity Theory” which explained that there is differential opportunity to
attain goals by both legitimate and illegitimate means depending on the specific location of the individual within the
social structure.
5. Frank Tennenbaum, Edwin Lemert, Howard Becker – advocates of the “Labelling Theory” which explains that the
original cause of crime cannot be known, no behavior is intrinsically criminal, behavior becomes criminal if it is labelled
as such.
6. Earl Richard Quinney – advocate of the “Instrumentalist Theory” which argued that the estate exist as a device for
controlling the exploited class – the class that labors for the benefit of the ruling class.

F. OTHER THEORIES

1. Charles Darwin – promoted the Evolution Theory claiming that humans are like animals which are parasite. Man is an
organism with animalistic behavior that is dependent on others, thus they kill and steal.
2. Charles Goring – believes that criminals are physically inferior to normal individuals in the sense that criminals tend to
be shorter and have less weight than non-criminals.
3. Earnest Hooton – believes that tall thin man tend to commit forgery and fraud, undersized men are thieves and burglars,
short heavy person commit assault, rape and other sex crimes; whereas mediocre physique commits other crimes. He
explained that crime is the result environmental impact.
4. Adolphe Quetelet – pioneered the “Cartographical School of Criminology” that is focused on social statistics. He
believes that crimes against person increases during summer and crimes against property tend to increase during winter.

THE STUDY OF CRIMINAL BEHAVIOR

Psychology – is the science of behavior and mental processes.

Behavior – this refers to actions or activities. It is the observable actions.

Criminal Psychology

a. Is a sub-field of general psychology where criminal behavior is only, in part by which phenomena psychologists choose to
study.
b. It is the study of criminal behavior, the study of criminal conduct and activities in an attempt to discover recurrent patterns
and to formulate rules about his behavior.

Classification of Behavior:

A. Normal Behavior (Adoptive and Adjusted Behavior) – Refers to the standard behavior; the totality accepted behavior
because they follow the standard norms of the society. It is characterized by:

a. Efficient perception of reality


b. Self-knowledge
c. Ability to exercise voluntary control over one’s behavior
d. Self-esteem and acceptance
e. Productivity
f. Ability to form affectionate relationship with others.

B. Abnormal Behavior (Maladaptive or Maladjusted Behavior) - these are behavior deviating from the social expectations
because they go against the norms or standard behavior of society.
a. Abnormal behavior according to deviations of statistical norms based in statistical frequency.
b. Abnormal behavior according to deviation from social norms.
c. Behavior as maladaptive
d. Abnormal behavior due to personal distress

Kinds of Behavior

1. Overt or Covert Behavior – overt behavior are those that are outwardly manifested or directly observable while covert
behavior are hidden or indirectly observable.
2. Conscious or Unconscious Behavior – behavior is said to be conscious when it is being shown within the level of one’s
awareness while behavior is unconscious when executed beyond awareness.
3. Simple or Complex Behavior – simple behavior involves the process of one’s thinking with less neurons reactions while
complex involve more neurons that are reacting.
4. Rational or Irrational Behavior – rational behavior exists when one acts in sanity or with reason while irrational behavior
exists when one acted with no apparent reason or explanation.
5. Voluntary or Involuntary Behavior – voluntary behavior is an action or will within the one’s volition while involuntary is
beyond one’s control or will.

Aspects of Behavior

1. Intellectual – this pertains to the way of thinking, reasoning, solving problem, processing information and coping with the
environment.
2. Emotional – this pertains to one’s feeling, mood, temper, and strong motivational force.
3. Social – pertains to how we interact or relate with other people.
4. Moral – refers to one’s conscience and concept on what is good or bad.
5. Psychosexual – pertains to one’s being as a man or woman the expression of love.
6. Political – pertains to one’s ideology towards his society or government
Value or Attitude – pertains to our interest towards something, our likes and dislikes.

The Criminal Formula

C = T+S where: C – Crime or the Criminal Behavior (act)


R T – Criminal Tendency (Desire or Intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation (Control or Conscience)

Determinants of Behavior

1. Heredity – this explains certain emotional aggression, intelligence, ability and potentials and our physical appearance are
being inherited. It influences all aspects of behavior, including intellectual capabilities, reactions, tendencies and stress
tolerance. This also promotes that abnormal or criminal behavior is caused by interferences to normal development brought
by genes, diseases, malnutrition and injuries.

2. Environmental Factors – this covers anything around a person that affects one’s actions. This includes:

a. Family – the smallest and the basic unit comprising the community. The first environment where one’s personality starts
to be developed.
b. Childhood Trauma – child’s experiences during his development that causes immaturity and deprivation of his needs
such as rejection, overprotection, restrictiveness, over permissiveness, and faulty discipline.
c. Pathogenic family structure – families associated with high level of problems

 Inadequate family – the inability to cope with the ordinary problems of family living.
 Anti-social family – shows unacceptable values as a result of the influence of parents to their children.
 Discordant/disturbed family – this is characterized by non-satisfaction of one or both parent from the
relationship that may express feeling of frustration
 Disrupted family – characterized by incompleteness due to death, separation or some other circumstances.

3. Other factors

a. Institutional influences such as peer groups, mass media, church and school, government, NGO’s and other groups or
institutions.
b. Socio-cultural factors such as war and violence, group prejudice and discriminations, economic and employment
problems and other social changes.

Other Determinant of Behavior

1. Needs and Drives – Needs, under the Drive Reduction Theory, is a biological requirement for well-being. This then creates
DRIVE – a psychological state of arousal that prompts a person to do something or react into.
2. Motivation – refers to the influences that govern the initiation, intensity and persistence of a person to behave. It is the
hypothetical concept that stands for the underlying force impelling behavior and giving its direction.
3. Psychological Needs - this is influenced primarily by the kinds of society where an individual is raised. Psychological
motives are those related to the individual happiness and ell-being.

Self-Actualization
This pertains to human total satisfaction,
when people are motivated not so much by unmet needs;
Aesthetic
Refers to our need for beauty and order.

Esteem

our motivation for an honest, fundamental respect for a person as a useful and honourable human being.

Cognitive Needs

This is the need for learning and exploration

Love/Belongingness

This is the need for belongingness and affection with others.

Safety Needs

This is the desire for being cared and secured such as income and place to live.

Psychological/Biological Needs

This includes the need for food, water, oxygen, activity and sleep

it is the state of self-realization.

MASLOW’S HIERARCHY OF NEEDS

Frustration

a. Refers to the unpleasant feelings that result from the blocking of motive satisfaction.
b. It is a form of stress, which results in tension.
c. It is a feeling that is experienced when something interferes with our hopes, wishes, plans, and expectations.

Sources of Frustrations:

1. Physical obstacles – refers to any physical barriers or circumstances that prevents or controls a person in attaining his plans
or fulfilling his wishes.
2. Social Circumstances – these are restriction or limitations being imposed by other people, laws, and other social observance.
3. Personal Shortcoming – refers to any circumstances or situations which are within the person that limits his capabilities in
achieving his goals and objectives.
4. Conflicting motives - this are motivating factors or drives which are conflicting to each other, thereby producing frustrations.

Conflict – refers to any simultaneous arousal f two or more incompatible motives resulting to unpleasant emotions and abnormal
behavior.

Types of Conflict:

1. Double Approach Conflict – the state of being engaged into two desirable activities that it is impossible to be pursued.
2. Double Avoidance Conflict – a condition of being into two undesirable situation in which the avoidance of one will result to
the exposure of the other, thereby resulting one into an intense emotion.
3. Approach-Avoidance Conflict – a condition where one faces situations having both a desirable and undesirable feature. It is
sometimes called “dilemma” because some negative and positive features must be accepted regardless which course of action
is taken.
4. Multiple Approach-Avoidance Conflict – a situation in which one must decide between two or more alternatives that has both
negative and positive features.

Anxiety – is an intangible feeling that seems to evade any effort to resolve it. It can either be an intense, low or motivating force.

Stress – is the process of adjusting into or dealing with circumstances that disrupts, or threatens to disrupt a person’s physical or
psychological functioning.

What is Ego Defense Mechanism?

This are the unconscious techniques used to prevent a person’s self-image from destruction or being damaged. When stress
becomes quite strong, one will strive to protect his self-esteem, avoiding defeat. This is being used to protect us from anxiety and
maintain our felling of personal worth.

1. Denial of Reality – the avoidance of one from unpleasant reality by refusal to perceive or face it.
2. Fantasy – the state of one’s gratification in an imaginary achievement from frustrated desire. The condition being in a
situation that is not in reality but just actually taking place in one’s thought.
3. Projection – a condition of blaming others for the difficulties that took place, or attributing one’s own unethical desires to
others in an effort to prevent ourselves being blamed.
4. Rationalization –the use of excuse of one attempting to prove that one’s behavior is justifiable and worthy of acceptance and
social approval.
5. Reaction Formation – this occurs when someone tries to prevent his submission to an acceptable impulses by taking opposite
stand.
6. Displacement – refers to the discharging of pent-up emotions on objects less dangerous than those that initially aroused the
emotion.
7. Emotional Insulation – the state of withdrawal from emotions to feel free from hurt.
8. Isolation/Intellectualization – conditions used to cut off the emotions from other situations.
9. Regressions – revert from a past behavior to retreating to earlier development level involving less mature responses and
usually a lower level of aspiration.
10. Sublimation – gratification of frustrated sexual desire in substitutive men sexual activities.
11. Identification – increasing feeling of worth by identifying self with person or institution. The state of associating one’s-self to
something or someone to elevate position.
12. Introjection – the state of incorporating external values and standards into ego structures so individual is not at their mercy as
external threats. The state of accepting others’ values even they are contrary to one’s own assumption.
13. Undoing – apologizing for wrongs, repentance, doing penance and undergoing punishment to negate a disapproval act.
14. Symphatism – striving to gain sympathy from others. The condition of seeking praise by relating faults or problem.
15. Acting out – it is the reduction of anxiety aroused by forbidden desires by permitting their expression.

Human Values – they are the standards by which people use to cognize, express, and evaluate behavior as righ or wrong, just or
unjust, appropriate or inappropriate.

Common Sense – is commonly a health notion where truth is not dependent on judgement which is based purely on observation, thus
it lacks the organization of thoughts and jumps to conclusion immediately.

Classification of the Causes of Criminal Behavior

1. Primary Cause – refers to the main reason by which a disorder or criminal behavior exists.
2. Predisposing Cause – a condition that comes before and paves the way for a possible occurrence of disorder under certain
conditions.
3. Precipitating Cause – a condition that proves too much for the individual and trigger the disorder.
4. Reinforcing Cause – a condition that tends to maintain maladaptive behavior that is already occurring.

PATTERNS OF CRIMINAL BEHAVIOR

A. Neurotic/Psychoneurotic Behavior
These are groups of mild functional personality disorders in which there is no gross personality disorganization, the
individual does not lose contact with reality, and hospitalization is not required.

1. Neurotic Nucleus – the faulty evaluation of reality and the tendency to avoid rather than to cope with stress. It is
characterized by anxiety, avoidance instead of coping, and blocked personal growth.
2. Neurotic Paradox – the tendency to maintain the lifestyle despite its maladaptive nature. It is characterized by
unhappiness and dissatisfactions.

a. Anxiety Disorders

 This is commonly known as “neurotic fear”.


 It is called PANIC when it is occasional but intense. It is WORRY if when it is mild but continuous.
 This is characterized by mild depressions, fear and tension, and mild stresses.

Characteristics of Anxiety:

1. Obsessive-compulsive Disorder

 Obsessions usually centered on fear that one will submit to an uncontrollable impulse to do something
wrong.
 Compulsion is the result of repeated acts.
 This is characterized by thinking of something which one do not want to think about or carrying
actions against his will or experiencing persistent thought of something we cannot get out of our
minds.

2. Asthenic Disorder (Neurasthenia)

 This is characterized by chronic mental and physical fatigue and various aches and pains.
 This is shown by spending too much sleep but no to avail due to headaches, indigestion, back pains,
and dizziness when awaken.

3. Phobic Disorder – refers to the persistent fear of something or situation which does not really shows danger.

b. Somatoform Disorder – the state of experiencing bodily symptoms that suggest the presence of physic problems in
the absence of any organic or medical basis; the condition of being pre-occupied with the state of health or diseases.

Classification of Somatoform Disorder:

1. Hypochondriasis – refers to the excessive concern about state of health or physical condition. A hypochondriacal
person seeks medical advises but his fear cannot be reduced by his doctor despite of safe assurances and feels
disappointments if no physical problem is found.
2. Psychogenic Pain Disorder - It is characterized by the report of severe and lasting pain. Either no physical basis is
apparent or reaction is greatly in excess of what would be expected from the actual physical problem.
3. Conversional Disorder – it is a neurotic pattern in which symptoms of some physical malfunction or loss of control
without any underlying organic or actual abnormality.

c. Dissociative Disorders – a response to obvious stress characterized by:

 Amnesia – the partial or total loss of memory or inability to recall or identify past experiences following a
traumatic incident.
 Multiple personality – usually called “dual personality” I which the person shows different personality and
are dramatically different from each other.
 Depersonalization – this is the “loss of sense of sell” or the so called “out of body experience. The feeling
of detachment from one’s mental processes, body or being in the state of dreaming;
Somnambulism – state of sleep walking

d. Mood Disorders (Affective Disorders) – this group of clinical conditions characterized by loss of sense of control of
their moods and affects, and a subjective experience of great distress mood may be elevated on depressed. This
disorders always result in impaired interpersonal, social and occupational functioning.

Classification of Mood Disorder:

1. Major Depressive Disorder – this shows loss of energy and interest, feeling of guilt, difficulty in concentrating,
loss of appetite, and thought of death or suicide.
2. Dysthymic Disorder – mild form of depressive disorder
3. Bipolar Disorder – the state of having both manic and depressive episodes
4. Cyclothymic Disorder – a less severe form of bipolar disorder.

B. Psychopathic Behavior

The immature and distorted personality development resulting in persistent maladaptive ways of perceiving and thinking.

1. Personality Behavior – this is characterized as “problematic” without psychoses.

a. Paranoid Personality Disorder – characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-
importance, argumentativeness and tendency to blame others.
b. Schizoid Personality Disorder – characterized by the inability to form social relationship and lack of interest in
doing so. They are the so call “loners”.
c. Schizotypal Personality Disorder – characterized by exclusiveness, over-sensitivity, avoidance of
communication and superstitious thinking is common.
d. Histrionic Personality Disorder – characterized by immaturity, excitability, emotional instability, and self-
dramatization.
e. Narcissistic Personality Disorder – characterized by exaggerated sense of self-importance and pre-occupation
with receiving attention. The person usually expects special attention; disregarding the feelings of others.
f. Borderline Personality Disorder – characterized by instability reflected in drastic mood shifts and behavior
problems. The person displays intense anger outburst with little provocation and he is impulsive, unpredictable
and periodically unstable.
g. Avoidant Personality Disorder – characterized by hypersensitivity to rejection and apprehensive alertness to
any sign of social derogation.
h. Dependent Personality Disorder – characterized by extreme dependence on other people.
i. Passive-aggressive Personality Disorder – Characterized by being hostile expressed in indirect and non-violent
ways. They are the so called “stubborn”
j. Compulsive Personality Disorder – characterized by excessive concern with rules, order and efficiency that
everyone does things their own way; the inability to express warm feelings.
k. Anti-social Personality Disorder

 Inadequate conscience development and unable to accept ethical values.


 Irresponsible and impulsive behavior, low frustration tolerance
 Ability to impress and exploit others; projecting blame into others of their own anti-social acts.
 Rejection of authority
 Inability to maintain good interpersonal relationship.

2. Criminal Behavior – refers to the human conduct focused on the mental processes of the criminal; the way he
behaves or acts including his activities and the causes and influences of his criminal behavior.

Dissocial Personality – describes those individuals who are not anti-social and are not associated with any
personality disturbance but violate laws and practice crime as their profession.

C. Psychotic Behavior

This are group of disorders involving gross structural defects in the brain tissue, severe disorientation of the mind thus
involving loss of contact with reality.

1. Organic Mental Disorder – this are mental disorders that occurs when the normal brain functioning has been
damaged.

Types of Organic Mental Disorder:

a. Acute Brain Disorder – caused by diffused impairment of the brain function


b. Chronic Brain Disorder – brain disorder cause from injuries, diseases, drugs and variety of other conditions.

Groups of Organic Mental Disorder:

a. Delirium – severe impairment of information processing in the brain affecting the basic process of attention,
perception, memory and thinking.
b. Dementia – deterioration in intellectual functioning after completing brain maturation.
c. Amnestic Syndrome – the inability to remember on going events more than a few minutes after they have taken
place.
d. Hallucinosis – the persistent occurrence of hallucinations, the false perceptions that arise in full wakefulness
state.
e. Organic Delusion Syndrome – false belief arising in a setting of known or suspected brain damage
f. Organic Affective Syndrome – the extreme manic or depressive state with the impairment of the cerebral function
g. Organic Personality Syndrome – the general personality changes following brain damage.
h. General Paresis – also known as “dementia paralytica”, a syphilitic infection of the brain and involving
impairment of the Central Nervous System.
2. Disorder involving Brain Tumor – brain tumor can cause a variety of personality alterations, and it may lead to any
neurotic behavior and consequently psychotic behavior

3. Disorder Involving Head Injury – injury as a result of falls, blows and accidents may cause sensory and motor
disorders.

a. Auditory Aphasia – loss of ability to understand spoken words


b. Expressive Aphasia – loss of ability to speak the required words
c. Nominal Aphasia – loss of ability to recall names or objects
d. Alexia – loss of ability to read
e. Apraxia – loss of ability to perform simple voluntary acts.

4. Senile and Presenile Dementia

a. Senile Dementia – mental disorder that accompanied by brain degeneration due to old age.
b. Presenile Dementia – mental disorder associated with earlier degeneration of the brain

5. Mental Retardation – this is characterized by sub-average general functioning existing concurrency with deficits in
adaptive behavior. A common mental disorder usually occurs before the age of 18; the suffering of low IQ level and
difficulty in focusing attention and deficiency in fast learning.

Levels of Mental Retardation:

a. Mild – IQ level of 52-67: educable


b. Moderate – IQ level of 36-51: trainable
c. Severe – IQ level of 20-35: dependent retarded
d. Profound – IQ level of under 20: life support retarded

6. Schizophrenia and Paranoia

a. Schizophrenia – characterized by gross distortion of reality, withdrawal of social interaction, disorganization


and fragmentation of perception, thought and emotion. This may also termed as “mental deterioration”,
“dementia praecox”, or “split mind”.

 Simple – symptoms of mixed schizophrenia wherein the primary indicators are rapidly changing.
 Paranoid – the illogical, changeable delusions frequently accompanied by vivid hallucinations, with a
resulting impairment of critical judgment, unpredictable and occasionally dangerous behavior.
 Catatonic – it is the alternating period of extreme withdrawal and excitement. The individual may talk
or shout incoherently and engage uninhabited, impulsive behavior.
 Hebephrenic – presence of emotional distortion manifested in inappropriate laughter, peculiar
mannerism, and bizarre behavior.
 Residual – one who is suffering schizophrenia but is not displaying active delusions, hallucinations or
disorganization of behavior.

b. Paranoia – it is a psychosis characterized by a systemized delusion system. A delusion is a firm belief opposed
to reality but maintained in spite of string evidence to the contrary.

 Suspicious – the state of losing one’s trust and establish a fear of being taken advantage.
 Protective thinking – state of blaming others for one’s own mistakes
 Hostility – a response to alleged mistreatment with anger and hostility, the person becomes increasingly
suspicious.
 Paranoid Illumination – strange feeling from an event being experienced.
 Delusion – the state of or feeling of being persecuted.

THE SEXUAL DEVIATION

Sexual deviation is the impairment of either the desire for sexual gratification or the inability to achieve it. Sexual disorders
are common causation of sex crimes.

Sexual Behavior Leading to Sexual Crimes:

1. As to Sexual Reversal
a. Homosexuality – a sexual behavior directed towards the same sex/gender. It is also called “lesbianism” for female
relationship.
b. Transvestism – the state of sexual satisfaction by dressing as a member of the opposite sex.
c. Fetishism - a sexual gratification by looking at some body parts of different sex.

2. As to the Choice of Partner


a. Pedophilia – a compulsive desire to have sexual intercourse with a child of either sex.
b. Bestiality – a sexual gratification obtained by having sexual intercourse with animals.
c. Auto-sexual – sexual gratification through masturbation.
d. Gerontophilia – a sexual desire towards an elder one.
e. Necrophilia – a sexual gratification by having sexual intercourse with a dead body.
f. Incest – a sexual relationship with relative by blood. (consanguinity)

3. As to sexual Urge
a. Satyriasis – the state of a men wanting for sex; an excessive desire or urge for sex
b. Nymphomania – refers to the strong or uncontrollable feeling of women for sex

4. As to Mode of Sexual Expression


a. Oralism – refers to the use of mouth or tongue as a manner of attaining sexual satisfaction

 Fellatio – a situation wherein the male sex organ is in the mouth of the women coupled with the act of
sucking that initiates arousal.
 Cunnilingus – sexual gratification attained by licking the external female genitalia.
 Anilism – the state of licking the anus of one’s partner.

b. Sado-masochism – sexual gratification is attained by inflicting or experiencing pain.

 Sadism – the achievement of sexual satisfaction through the infliction of pain towards one’s partner
 Masochism – the achievement of sexual gratification though experiencing pain.

5. As to Part of the Body


a. Sodomy – is the sexual act through the anus
b. Uranism – sexual gratification is attained through fingering, holding the breast or licking the parts of the body.
c. Frottage – attainment of sexual satisfaction by rubbing one’s sex organ against the body parts of another.
d. Partailism – a sexual libido to any part of another’s body.

6. As to Visual Stimulus
a. Voyeurism – the achievement of sexual pleasure through clandestine peeping.
b. Scoptophilia – the intentional act of watching people undress or having sexual intercourse; thereby attaining sexual
pleasure

7. As to Number of Participants in the Sexual Act


a. Troilism – a sexual condition involving three persons at the same time of having sexual activity
b. Pluralism – the state of “sexual festival”; a sexual condition involving multiple person engaging in sexual activities

8. Other Sexual Abnormalities


a. Exhibitionism – “indecent exposure; an intentional exposure of one’s genital organ to others under inappropriate
conditions.
b. Coprolalia – the use of obscene language to achieve sexual satisfaction
c. Don Juanism – the act of seducing women as a career without permanency of sexual partner or companion.

JUVENILE DELINQUENCY

Juveniles

1. are young people who are regarded as immature or one whose mental as well as emotional faculties are not fully develop thus
making them incapable of taking full responsibility of their actions.
2. Refers to a person subject to juvenile court proceedings because of a statutory defined event or condition caused by or
affecting that person and was alleged to have occurred while his or her age was below the specified age limit.

Delinquency

1. Refers to any action, cause or conduct that deviates from acts approved by the majority of people.
2. Acts that do not conform to the accepted rules, norms and mores of the society.
3. Refers to any misconduct that is tantamount to felony or offense.
4. This covers any failure to perform an act required by law, or the non-performance of a duty or obligation that is mandated by
existing law or rule.

Juvenile Delinquency

1. Also termed as Juvenile Crimes which denotes various offences committed by children or youths under the age of 18.
2. Refers to a large number of disapproved behaviors of children or youths.

Juvenile Delinquents

1. Youthful offenders and have been adjudicated as such by the court of proper jurisdiction.
2. A term used to signify children who commit criminal offences and is in need of supervision or treatment.

PRESIDENTIAL DECREE 603 – THE CODE SHALL BE KNOWN AS THE CHILD AND YOUTH WELFARE CODE.

Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy or
illegitimacy, sex, social status, religion, political antecedents, and other factors.

1. Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in
medical parlance, and has, therefore, the right to be born well.

2. Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and
counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute for a
home.

3. Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active
member of society. The gifted child shall be given opportunity and encouragement to develop his special talents. The emotionally
disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and
competent care. The physically or mentally handicapped child shall be given the treatment, education and care required by his
particular condition.

4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical
requirements of a healthy and vigorous life.

5. Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his
character.

6. Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement
of his capacity for service to himself and to his fellowmen.

7. Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the
wholesome use of his leisure hours.
8. Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances
prejudicial to his physical, mental, emotional, social and moral development.

9. Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and
conducive to the promotion of his health and the cultivation of his desirable traits and attributes.

10. Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are
unable to provide him with his fundamental needs for growth, development, and improvement.

11. Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the
morality of the constituted authorities both in their public and private lives.

12. Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal
brotherhood, and with the determination to contribute his share in the building of a better world.

Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his birth, sex, religion, social status, political
antecedents and other factors shall:

1. Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders and mentors, and
the biddings of a clean conscience;

2. Love, respect and obey his parents, and cooperate with them in the strengthening of the family;

3. Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious
and united;

4. Exert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in
order that he may become an asset to himself and to society;

5. Respect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted
authorities, the laws of our country, and the principles and institutions of democracy;

6. Participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will
eventually be called upon to discharge the responsibility of leadership in shaping the nation's future; and

7. Help in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among
nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace.

Article 46. General Duties. - Parents shall have the following general duties toward their children:
1. Give him affection, companionship and understanding;
2. Extend to him the benefits of moral guidance, self-discipline and religious instruction;
3. Supervise his activities, including his recreation;
4. Inculcate in him the value of industry, thrift and self-reliance;
5. Stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country;
6. Advise him properly on any matter affecting his development and well-being;
7. Always set a good example;
8. Provide him with adequate support, as defined in Article 290 of the Civil Code; and
9. Administer his property, if any, according to his best interests, subject to the provisions of Article 320 of the Civil Code.

RA 7610 - AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

Acts Punishable under RA 7610:

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct,
are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

1 Acting as a procurer of a child prostitute;


2 Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;
3 Taking advantage of influence or relationship to procure a child as prostitute;
4 Threatening or using violence towards a child to engage him as a prostitute; or
5 Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other
sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a)
hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area
under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other
sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services
from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees
than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit
the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children including, but not limited to, the act
of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking under Section 7 of this Act:

a When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of
Social Welfare and Development or written permit or justification from the child's parents or legal guardian;

b When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child
trafficking; or

c When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the
purpose of child trafficking; or

d When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or
other child-during institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed

Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use, persuade, induce or coerce a child
to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic
materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be
employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the
penalty of prision mayor in its medium period.

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior
in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or
other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty
thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or
legal duty.

(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as
provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty
thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the
loss of parental authority over the minor.

(d) Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for
occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or
places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
1 Beg or use begging as a means of living;
2 Act as conduit or middlemen in drug trafficking or pushing; or
3 Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to reclusion perpetua.
Republic Act No. 9344 - AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including
but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort,
and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account
the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No
child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing
of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her
family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation
of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and
the needs of society are all taken into consideration by the court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge
to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section
20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected
to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in
accordance with existing laws.

Treatment of Children below the Age of Criminal Responsibility

SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen
(15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to
the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the
local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the
person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody,
the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a
member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and
where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to
be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the
proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant
to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

Republic Act No. 9262 - AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING
FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is
committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or
other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed
with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or
deliberately providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's
own mon4ey or properties, or solely controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or
threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional
or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to,
repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's
child/children.

INTRODUCTION TO CRIMINAL INVESTIGATION

GENERAL PRINCIPLES OF INVESTIGATION

This chapter will discuss the general and fundamental concepts and principles underlying investigation. This covers the
objectives of criminal investigation and other legal issues and concerns pertaining to identification of crimes and criminal or offenders
and obtaining evidence for court presentation.

Criminal Investigation, Defined

a. An accumulative effort and process of establishing a crime, identification and locating the perpetrator, and gathering of facts
and evidence for the guilt of the accused in court thru criminal proceedings.

b. Collection and analysis of facts/circumstances about person, things and places to identify the guilty party, locate the
whereabouts of the perpetrator/s and to provide admissible, reliable and strong evidence to establish the guilt of the accused.

c. It is an art of determining the existence of crimes, identifying and locating the perpetrators/offenders, and gathering and
obtaining evidence for the guilt of the accused through criminal proceeding conducted by a competent court.

Discipline Involve in Criminal Investigation

Criminal Jurisprudence Criminalistics Police Intelligence


Criminal Laws Forensic Ballistic Surveillance
Special Laws Fingerprint Identification Undercover Operations
Rules on Evidence Lie Detection Intelligence Operations
Rules on Criminal Procedure Police Photography Reconnaissance
Questioned Document Examination
Forensic Chemistry

Goals of Criminal Investigation

1. Determination and establishment of the crime committed

a. There must be an act done in violation of a law.


b. All elements of the law violated must be established.
c. As much as possible, present the corpus delicti or body of the crime alleged.

2. Identification and arrest of the perpetrator


a. Confession and admission
 Confession – is the acknowledgement of crime a alleged.
 Admission – is the acknowledgement of a certain issue or part or some acts constituting the crime alleged.
 Extra Judicial Confession - An acknowledgement of guilt for the offense charged before a competent and authorized
authority in the presence of the confessor’s counselor in the absence of a counsel, relative of the latter. Any statement
obtained in the absence of the aforementioned authorities, the confession is admissible as evidence in court.
b. Eyewitness – person who actually sought and having personal knowledge of the crime alleged
c. Associative Evidence – any evidence which directly connecting and identifying the perpetrator to the crime alleged
d. Circumstantial Evidence – an evidence establishing the identity of the perpetrator through modus operandi or manner of
committing the crime and established motive of the perpetrator
3. Gathering and obtaining evidence for the guilt of the accused

a. Evidence must be preserved and presented as it was gathered and obtained.


b. Legal precautions must be considered and observed to maintain the credibility of the evidence
c. Avery person who handled the evidence must be authorized
d. Any kind of examination that the evidence undergone should be in accordance with the procedures as allowed by the laws on
evidence

4. Filling appropriate case/charge and establishing the admissibility of evidence presented

a. Be sure to file a strong and appropriate case based on the established elements of the crime alleged.
b. Investigator-on-case must be ready to present himself as witness
c. Be sure to support any allegation in the complaint/case with sufficient evidence

In proving the guilt of the accused, the fact of the existence of the crime must be established; the defendant must be identified
and associated with the crime scene; competent and credible witnesses must be available; and the physical evidence must be
appropriately identified. However, the proof of the guilt will depend on the establishment of the essential elements of the crime.

Mechanisms of Criminal Investigation

A. Information – includes any facts and evidence related to the issue under investigation. It may be in the form of testimony,
documents, and other real or physical evidence.

B. Interview – a simple method of gathering information thru simple asking of questions to a cooperative subject. This is effective if
the subject is very willing to divulge information.

C. Interrogation – a form of tactical investigation whereby the interrogator obtain information strategically

D. Instrumentation – the use and application of scientific instruments in the conduct of investigation.

GENERAL CRIME SCENE PROCEDURE

1. Crime Scene Assessment and Isolation


2. Recording
3. Searching for evidence
4. Collection of evidence
5. Tagging and labeling of evidence
6. Preservation of evidence
7. Releasing the crime scene

Methods of Crime Scene Search and investigation

1. Strip Method. Start along one side of the crime scene and walk in a straight line across the area to be search.
2. Grid Method. The advantage of the grid method, also known as the double strip method, is that you overlap your area of
search several times.
3. Spiral Method. With this method, you start at a specific point near the center of the crime scene and then work your way
outward in a clockwise manner.
4. Zone Method. Here, you divide your area to be searched into four smaller square areas.

INTRODUCTION TO CRIMINALISTICS
Areas of Criminalistics and their concepts.

A. FINGERPRINTING (DACTYLOSCOPY)

Characteristics of Fingerprint
1. INFALLABLE (can never be wrong)
2. PERENIAL (it is permanent)
3. IMMUTABLE (unchangeable).

Importance of Fingerprints
1. Identification of individuals
2. Identification of victims of tragedies/disasters/accidents
3. Provides criminal history
4. Verifies identity of an arrested offender

The Fingerprint Patterns, Divisions and Elements


A. Loops – 60% - Is that type of pattern in which one or more ridges enter upon either side, recurve, touch or pass an imaginary
line between delta and core and pass out or tend to pass out upon the same side the ridges entered.

 Ulnar Loops – ridges flow in the direction of the little finger


 Radial Loops – ridges flow in the direction of the thumb

B. Whorls – 35%

a. Plain Whorl – consists of one or more ridges which make or tend to make a complete circuit, with two deltas, between
which, when an imaginary line is drawn, at least one recurving ridge within the inner pattern area is cut or touched.
b. Central Pocket Loop Whorl – consist of two deltas and at least one ridge which make or tend to make a complete circuit.
However if an imaginary line will be drawn connecting the left and the right delta, there must be no circuit being cut or
touched.

c. Double Loop whorl – consist of two separate loop formations with two separate and distinct sets of shoulders and two
deltas.

d. Accidental Whorl – consist of a combination of two different types of patterns with the exception of the plain arch, with
two or more deltas or a pattern which possesses some of the requirements for two or more different types or a pattern
which conforms to none of the definitions

C. Archs – 5%

a. Plain Arch – is that type of pattern in which the ridges enter upon one side, make a rise or wave in the center and flow or
tend to flow out upon the opposite side.

b. Tented Arch – is that type of pattern which possesses an angle, an upthrust or two of the three basic characteristics of the
loop.

Types of Tented Arches

1. Angular Type 3. Recurving Type


2. Up thrust Type 4. Arbitrary Type

B. FIREARM INVESTIGATION (FORENSIC BALLISTICS)

Ballistics in its broadest sense is the science that deals with the study of motion of projectiles and the conditions affecting the motion.
The study of ballistics covered from the time the gunpowder explode, the time the projectiles leaves from the barrel of the gun and the
time it strike the target. Technically, it is the science of firearms identification. In its legal meaning, it is the microscopic examination
of fired bullet and ammunition.

Ballistics as a Science - It is a science because it is based on the systematized body of knowledge, and also the scientific equipment
utilized in the crime laboratory for the examination of physical evidence.

Forensic Ballistics - This refers to the investigation and identification of firearms by means of ammunitions fired from the submitted
suspected firearms.

Divisions of Ballistics:

A. Interior /Internal ballistics

Is the study of the motion and traits of projectile, while still inside the gun barrel, this covers from time, the firearm is loaded with the
cartridge, the explosion and the movement of the bullet towards the muzzle end of the gun.

Subject of study under Interior Ballistics

1. Firing pin striking the primer - The firing pin should hit the primer, in order to explode. It requires enough length of the firing
pin to strike the primer. If the firing pin is lacking in length, the perforation in the primer created by the firing pin blow,
won’t crush the priming mixture in between the primer and the anvil, then no explosion takes place. The failure of the
cartridge to explode after the firing pin strikes the primer is called, misfire.

2. Ignition of Priming Mixture - Priming mixture is a very sensitive chemical compound located inside the primer cup. It is
composed of different ingredients which served as initiator and fuel. In order to ignite the priming mixture, it must be live
and potent and must be devoid of any moisture. However, despite of the absence of mechanical defects in the firearm, as well
as the highly sensitive mixture of chemical compound, it will not explode in a split of a second, but delayed, and explode
several seconds after the firing pin blow the primer, the delay of explosion, is known as hang-fire.

3. Combustion of Gunpowder - After the primer crushed the priming mixture against the anvil, there will be an ignition of
priming mixture and the primer flash, passes through the vent or canal towards the gunpowder. This primer flash, provide
ignition and combustion of the gunpowder. In order that the cartridge will explode, both the priming mixture and gunpowder
must be live.
4. Expansion of Heated Gas in the Chamber - There will be equal expansion of heated gas inside the cartridge, after the
combustion of gunpowder. The gas expanded in the different direction that tends the bullet and shell to separate from each
other in the cartridge.

5. Pressure Developed - When a heated gas created by the burning powder charge is developed, a tremendous pressure is
produced in the chamber of the firearm. Assuming that the cartridge is caliber .357, the chamber pressure is 46,000 per
square inch (PSI).

6. Energy Generated - Energy refers to the fatal equivalent of a bullet compared to a pound that is drops from a certain height. If
for example a wrestler 500 lbs. is dropped from 50 feet height of the building, you could imagine the effect of the impact in
the body of the person on the ground, struck by a 500 pounds falling body.

7. Recoil of the gun - The recoil of the gun is cause, by the equal and opposite reaction of the gun, against the forward
movement of the bullet after the explosion. Like kinetic energy principle that in every action, there is corresponding opposite
reaction.

8. Velocity of the Bullet in the barrel - The bullet will travel the bore of the barrel depending on the powder load of the
cartridges, since it is the powder load that will propel the bullet in the bore of the barrel of the firearm.
9. Rotation of the Bullet in the Barrel - When the bullet is driven by the heated gas by tremendous pressure towards the muzzle
end, the bullet will rotate following the rifling’s or lands and grooves inside that gun barrel.

10. Engraving of the Cylindrical Surface of the Bullet - The lands and grooves, starting from the breech end up to the muzzle end
of the barrel, will engraved in the body of the bullet, depending on the number of the lands and grooves as part of the class
characteristics of the firearm.

B. Exterior/External ballistics

Is the study of the motion and traits of the projectiles, after has left from the muzzle of the gun, which includes the condition of the
bullets movements, and flight up to the target.

Subject of Study under Exterior Ballistics

1. Muzzle Blast - A sound or noise created at the muzzle end of the gun. This is caused by the sudden exit of the heated gas
coming in contact with the air in surrounding atmosphere at the muzzle end.

2. Muzzle Energy - These are generated at the muzzle end, whenever the cartridge explodes from a firearm. It will create energy
which is express in foot pounds, based on the powder load of the cartridge.

3. Trajectory - The curved path in the horizontal flight of the bullet, which usually occurred a few meters away from the muzzle
of the firearm called wobbling. This is due to the air resistance encountered by the bullet.

4. Range - Is the straight distance from muzzle of the gun to the target, range are classified into two:

5. Velocity - Is the speed of the bullet per unit of the time, which is express in foot per second, this could be determined by an
instrument known as chronograph. Another way also of determining the speed of the bullet, is through comparison of two
different caliber of the firearms by firing a gallon with water. The greater splash, determine which has a better speed of the
bullet.

6. Air Resistance - The resistance encountered by the bullet in flight, which is early experience by the bullet few meters away
from the muzzle of the gun. Air resistance usually called, aerodynamic drag, which reduces the speed of the bullet.

7. Pull of Gravity - Is the downward reaction of the bullet towards earth center, due to its weight. The pull of gravity will apply
only, starting from the parabola, then to the maximum range and to the final vertical drop. That is why the weight, is the main
reason for projectile to control by the gravity. However, in the effective range, the bullet could withstand the pull of gravity
due to its velocity and gyroscopic stability.

8. Penetration - The prime interest of the gun enthusiast is the penetration of the bullet on the target which is based on the power
and velocity, to ensure depths of the entry of the bullet on the target.

C. Terminal Ballistics

This refers to the study of the effect of the impact of the bullet on the target. The knocking power of the particular powder load of the
cartridges, makes a devastating lesion, caused by the bullet especially the type of bullet that open the ogive or nose portion, and
expand when penetrates the body of the victim.

Subject of Study under Terminal Ballistics

1. Terminal Accuracy - The size of the bullet grouping on the target, usually in the target paper during practice, determined
whether firearms has a defective front sight or rear sight, otherwise, the firer himself has a problem, not on the firearm.

2. Terminal Energy - The energy of the bullet when it strike the target. This refers to the fatal equivalent of a bullet when it
struck the victim. The effect has a visual damage, aside from being knockdown. It may also create an impending death of the
victim due to severe wound and hemorrhage.

3. Terminal Velocity - This refers to the speed of the bullet upon striking or hitting the target, which is express in foot per
second or meters per second. The velocity if the bullet is mostly feared by the human being, since, when it struck the target
within the effective range, in a split of second, it will cause damage or injury, and in order to evade the destructive effect, the
supposed victim should move faster than the velocity of the bullet.

4. Terminal Penetration - This refers to the depths of the entry of the bullet on the target. Penetration is significant also in
determining the safety requirement for the target backstop. At two hundred yards, an average military rifle projectile, will
penetrate about twenty four inches in case of loam soil, fourteen inches in case of oak tree, seven inches depth in case of dry
sand and four inches in case of concrete or cemented wall.

D. POLICE PHOTOGRAPHY (FORENSIC PHOTOGRAPHY)

Uses of Photography in Police Work

1. Identification files – photography is used to identify criminals, missing persons, lost property, licenses, anonymous letters,
bad checks, laundry marks, and civilian personal fingerprint.
2. Photography is useful as investigative report files, accidents files, and transitional of photos as supplements to reports.
3. Evidence – Crime scenes, traffic accidents, homicides and suicides, fires, object of evidence, latent print impressions and
other can be brought to court as evidence through photographs.
4. Offender Detection – photographic instruments can be used to detect offenders through surveillance and other similar
activities.
5. Court Exhibits – demonstration enlargement, individual photos, rejection slides, motion, and pictures are accepted as court
exhibits.
6. Reproduction of copying – questionable checks and documents, evidential papers, photographs, official record and notices
can be photographed to show alteration and/or changes useful in question document examination.
7. Personnel training- photographs and film relating police tactics, investigation techniques, mob control, and catastrophe
situation are useful in police training.
8. Crime and fire prevention- hazard, lecturers, security clearance, detector devices, photos of hazardous fire, conditions made
when fire prevention inspection are made.
9. Public relation- films pertaining to safety programs, juvenile delinquency, traffic education, public cooperation and civil
defense.

Four primary ways of using photography in police work

1. As means of identification
2. As a method of discovering, recording and preserving evidence.
3. As a ways of present, in the courtroom, an impression, of the pertinent elements of a crime.
4. As a training and public relations medium for police programs.

E. QUESTIONED DOCUMENT EXAMINATION

Question document (Q.D)

Q.D is one in which facts appearing are not true, and are contested either in whole or in part with respect to its authenticity
identify, or origin. It may be added, contract, will election ballots, marriage contact, check, visas, application form, check write,
certificate etc.

Kinds of documents
1. Public document- any instrument notarized by the public or a competent public officials with solemnities required by the law.
Example includes: civil service examination papers and national police commission, official receipt required by the
government to be issued receipt of money for public purposes.
2. Official documents any instrument issued by the government or its agent or its official having the authority to do so and the
offices, which is in accordance with their creation, they are authorized to issue.
3. Private document- every deed or instrument executed by a private person without the intervention of a notary or any person
legally authorized, by which documents, or some disposition or agreement is proved, evidenced is set forth.
4. Commercial documents- any instrument executed with accordance with the code of commerce, containing disposition of
commercial rights and obligation.

Classes of questioned documents

1. Documents with question signature


2. Question document alleged to have been containing fraudulent alteration.
3. Questions or disputed holographic wills.
4. Question documents on issues of their age or date
5. Question documents on issues of materials used in their production.
6. Documents investigated on the question typewriting
7. With a view of ascertaining their source
8. With a view of determining their data
9. With a view of determining whether or not they contain fraudulent alterations or substituted.
10. Documents or writing investigated because it is alleged that they identify some persons through handwriting such as
unanimous and disputed letters, and superscriptions registration and miscellaneous writing.

F. POLYGRAPHY (LIE DETECTION)

Polygraphy - the scientific method of detecting deception with the use of a polygraph instrument.

Polygraph Instrument – is a scientific diagnostic instrument used to record physiological changes in the blood pressure, pulse rate,
respiration and skin resistance of a person under controlled condition.

Concepts of Polygraphy

1. It is use to test an individual for the purpose of deterring deception or verify the truth of a statement.
2. The records identify physiological reactions of the subject, such as, blood pressure, pulse rate, respiration and skin resistance.
3. The effectiveness of the [polygraph in recording symptoms of deceptions is based on the theory that a conscious mental effort
on the part of a normal person to deceive causes involuntary physiological changes that are in effect a body’s reaction to an
imminent danger to its well-being.

Objectives of Polygraph Examination

1. Obtain additional investigation leads to the facts of the case.


2. Ascertain if a person is telling the truth.
3. Locate the fruits or tools of the crime or location of the offender.
4. Identify other suspect/s.
5. Obtain valuable information from a reluctant witness.
6. Eliminate innocent suspects.
Major uses of Polygraph

1. Aid in investigation
2. Facilitate investigation
3. Identifies guilty and/or innocent suspect/s
4. Pre-employment screening
5. Honesty test
G. LEGAL MEDICINE

Legal Medicine

a. It is a branch of medicine, which deals with the application of medical knowledge for the purpose of law and in the
administration of justice.
b. It is the application of the basic and clinical, medical and paramedical science to elucidate legal matters.
c. It deals with the interaction of medical science with the law and it provides one of the most fascinating of all the ranches of
medicine.

Nature of Legal Medicine

Knowledge of legal medicine means the ability to acquire facts. Power to arrange those facts in their logical order and to draw a
conclusion from the fat which may be useful to the administration of justice.

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